05. Town Planning Report · MCU10/2127

 VIRIDIAN NOOSA - PROPOSAL REPORT




                    Department of Environment and Resource Management

                    The proposed development is material change of use made assessable by a
                    planning scheme of premises which shares a common boundary with a lot that
                    comprises or contains a Queensland heritage place. The proposed development is
                    to be referred to the Department of Environment and Resource Management as an
                    Advice Agency pursuant to Schedule 7, Table 3, Item 23 of the Sustainable
                    Planning Regulation 2009.

                    Department of Environment and Resource Management

                    The proposed development is material change of use made assessable by a
                    planning scheme for urban purposes on land within 100 metres of a protected area
                    (Noosa National Park) under the Nature Conservation Act 1992. The proposed
                    development is to be referred to the Department of Environment and Resource
                    Management as an Advice Agency pursuant to Schedule 7, Table 3, Item 22 of the
                    Sustainable Planning Regulation 2009.



   4.2.3            Public Notification
                    According to Section 295 of the SPA, the notification stage of the IDAS process
                    applies to an application if either of the following applies –

                          “(a)     any part of the application requires impact assessment;

                          (b)      the application is an application to which section 242 applies.”

                    As the development application requires Impact Assessment, public notification is
                    required. In this case, public notification is required for a minimum of 30 business
                    days as the proposed development, being a material change of use assessable
                    against The Noosa Plan, shares a common boundary with a Queensland heritage
                    place (Halse Lodge) and a protected area under the Nature Conservation Act 1992
                    (Noosa National Park).



   4.2.4            State Planning Regulatory Provisions
                    A State Planning Regulatory Provision is an instrument made under Chapter 2, Part
                    2, Division 2, and Chapter 2, Part 6 of the SPA for an area to advance the purpose
                    of the Act by—
                    (a)         providing regulatory support for regional planning or master planning; or

                    (b)         providing for a charge for the supply of infrastructure; or

                    (c)         protecting planning scheme areas from adverse impacts.

                    A State Planning Regulatory Provision includes a draft State Planning Regulatory
                    Provision.

                    Section 314(2)(a) of the SPA requires an assessment manager to assess an
                    application against a State Planning Regulatory Provision to the extent the State
                    Planning Regulatory Provision is relevant to the development.




   HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS                                                          21
   20-Dec-10 - 10BR087.R01.010.docx